(A) No sooner than 90 days but no longer than 120 days from the date the petition was filed with the City Clerk, a public hearing shall be held by the City Board. Any 2 members of the City Board shall constitute a quorum for the purpose of holding such a public hearing. They will participate in the proceedings.
(B) The Mayor, within 50 days of the filing date of the petition, shall determine the date, time and location upon which such public hearing shall be held, but in any event the initial public hearing must be scheduled no sooner than 90 days but no later than 120 days from the date the petition was filed with the City Clerk.
(C) Upon such determination of the hearing date, time and location, as described in division (B), above, the Mayor or, if she/he designates, the hearing officer shall notify the City Clerk of the date upon which such hearing shall be held and shall request the City Clerk to cause notice of such hearing to be made as follows. Upon receipt of such request, the City Clerk, and at the City Clerk’s discretion with the help of the attorney representing the city (its staff and employees), shall cause the publication of notice pursuant to the following requirements:
(1) By publication of 2 legal notices in a newspaper of general circulation published in the city. One such notice shall be published no later than 60 days from the date the petition was filed and one such notice shall be published no later than 75 days from the date the petition was filed.
(2) Such notices shall consist of the following information, which, except for (h) through (k), below, must be disclosed by the applicant in the petition:
(a) The name and address of the person, partnership or corporation requesting site location approval;
(b) The name and address of the owner of the site, and in case ownership is in a land trust, the names of the beneficiaries of said trust;
(c) The legal description of the site;
(d) The street address of the property, and if there is no street address applicable to the property, a description of the site with reference to location, ownership or occupancy or in some other manner that will reasonably identify the property to residents of the neighborhood;
(e) The nature and size of the proposed facility;
(f) The nature of the activity proposed;
(g) The probable life of the proposed activity and facility;
(h) The time and date of the public hearing(s);
(i) The location(s) of the public hearing(s);
(j) A statement that all copies of evidence other than testimony to be submitted at the public hearing(s) must be filed with the City Clerk at least 7 days before the date of the first public hearing; and
(k) A statement that any person wanting to present sworn testimony or cross-examine witnesses must sign up as a participant with the City Clerk no later than the first day of the public hearing, or sign up with the hearing officer no later than the adjournment of the first day of the public hearing.
(3) A copy of the notice shall also be sent, no later than 55 days after the date the petition was filed, by certified mail return receipt requested to the following. This notice, pursuant to ILCS, Ch. 415, Act 5, § 39.2(d), must be delivered to the following persons/entities no later than 14 days prior to the first day of public hearing. If a return receipt is not received by the City Clerk confirming delivery of the notice on the following persons/entities, by the 65th day following the filing of the petition, the City Clerk shall arrange for personal service on the following persons/entities.
(a) All members of the General Assembly from the district in which the proposed facility is located;
(b) The Illinois Environmental Protection Agency;
(c) The governing authority of every municipality whose corporate limits are within 1 mile of the boundary of the proposed facility;
(d) The county board of the county where the proposed site is to be located.
(4) Additional notice of the public hearing may, at the discretion of the Mayor, be given, by publishing a notice in a newspaper of general circulation published as a display ad at least once during the week preceding the public hearing. Such notice shall consist of all items described in divisions (C)(2)(a) through (k) above, except for division (C)(2)(c).
(D) Prior to the date of the first public hearing, the Mayor shall appoint the hearing officer for the public hearing on the petition. The hearing officer shall preside over the public hearing and shall make any decisions concerning the admission of evidence and the manner in which the hearing is conducted subject to this section and the law concerning such applications. Accordingly, all decisions and rulings shall be in accordance with the concept of fundamental fairness (unless a different standard is adopted as a matter of Illinois law). The hearing officer may exclude irrelevant, immaterial, or unduly repetitious testimony. Rulings of the hearing officer may be promptly appealed to those City Council members then present. A simple majority of those trustees present shall be sufficient to overrule the decision of the hearing officer. All testimony and all public meetings concerning the petition shall be in the presence of a certified court reporter who shall report all proceedings regarding consideration of the petition. The hearing officer shall have the following powers or duties:
(1) Administer oaths and affirmations;
(2) Conduct a public meeting, prior to the start of the public hearings; to explain the public hearing procedure and site location review process. If the hearing officer decides to hold such a meeting, it shall be held no sooner than the 90th day from the date the petition was filed, and notice shall be given in a newspaper of general circulation 1 week prior to the meeting (or alternatively, as part of the first published notice of the hearing) and such notice shall expressly state that it is an informational meeting concerning the procedure to be used at the public hearing and the site location review process, and that it is not a public hearing at which evidence will be taken for purposes of making determination in accordance with the Act;
(3) Arrange for the presence of a certified court reporter to attend and transcribe the conduct of all public hearings for the public record;
(4) Regulate the course of the hearing, including, but not limited to, controlling the order of proceedings, consistent with this chapter;
(5) Require a witness or person presenting un-sworn public comment to state his/her position either for, against, or undecided with respect to the proposed facility;
(6) Examine a witness and direct a witness to testify;
(7) Establish reasonable limits on the duration of public hearing consistent with the Act and this chapter, including but not limited to the reasonable limitation of sworn testimony, un-sworn oral comment, direct and cross-examination of any witnesses, and the limitation of repetitive or cumulative testimony and questioning;
(8) Rule upon objections and evidentiary questions, with the understanding that such rulings must be consistent with fundamental fairness, but need not be in strict compliance with the Illinois Supreme Court, Illinois Code of Civil Procedure, or any local rules of evidence governing a civil judicial trial in the State of Illinois, County of Douglas;
(9) Allow the introduction of late-filed evidence, be it written or testimonial, on behalf of any participant, provided good cause is shown for the late-filing, the evidence is offered in and is relevant to the rebuttal portion of the participant’s case, and evidence was filed, with the City Clerk at least 1 day before the public hearing at which it is offered, and fundamental fairness to all parties will be preserved;
(10) The hearing officer shall be an attorney, licensed to practice in Illinois. The hearing officer shall confer with the City Council concerning the petition, between the time of the filing of the petition and the City Council’s decision on the petition. Given the hearing officer’s role of communicating with the City Council, the hearing officer may not confer with the participants (members of the public, applicant and city included) concerning the petition, unless such conference takes place during the public hearing, is through correspondence which is filed with the City Clerk (and, thus, available for everyone to view), or concerns location, time or other similar scheduling aspects of the public meeting or public hearing, or the, notices for same. The only additional exception from this restriction is that the hearing officer may confer with the City Clerk about the upkeep or status of the public record, make a request to review or copy the public record, or confer with the City Clerk regarding the scheduling or location of the public meeting or hearing, or arrangements for the notices of the pubic meeting and hearing;
(11) The Mayor may remove and/or replace the hearing officer at will. Should the hearing officer be removed and not replaced, the Mayor or his/her appointed trustee shall conduct the remainder of the hearing proceedings;
(12) At the conclusion of the public hearing and after consideration of all timely-filed written comments, the hearing officer shall submit draft written findings (of law or fact) to the City Council and file a copy of such findings with the City Clerk;
(13) The hearing officer does not have the right or the power to vote, as a City Council member votes, on the petition.
(E) All reports, studies, exhibits or other evidence or copies thereof, other than testimony, which any participant desires to submit for the record at the public hearing must be filed in quantity provided for in § 156.03 with the City Clerk at least 7 calendar days before the p hearing and shall be available for public inspection in the office of the City Clerk. In the event that the seventh day prior to the date set for public hearing falls on a Saturday, Sunday or holiday, the next working day shall be considered the day that reports, studies and exhibits must be filed.
(F) Conduct of the public hearing shall be substantially as follows:
(1) Call to order with determination of a quorum;
(2) Introduction of the City Council members who are present;
(3) Introduction of the hearing officer;
(4) Recognition of the applicant and identification of the petition;
(5) Recognition of fees, notices, and date of filing of the petition;
(6) Recognition of the city staff and attorney present;
(7) Recognition of all other participants who have filed the notice of participation, pursuant to § 156.05;
(8) Recognition of all reports, exhibits, maps or documents of record as filed pursuant to division (E), above.
(9) Applicant, the city and participants may then make an opening statement.
(10) The City Council shall then hear testimony from the applicant and/or any witnesses the applicant may wish to call. Upon the close of the applicant’s testimony, participants, other than the applicant or the city, may present sworn testimony, including any witnesses and evidence they wish to present.
(11) After the close of the applicant’s and participants’ cases, the city may present any witnesses and evidence it wishes to present.
(12) Rebuttal testimony and evidence will be allowed at the discretion of the hearing officer; but if it is allowed, it will be presented in the same order as described in division (F)(9), above.
(13) Following rebuttal testimony, if any, any participant who wishes to present unsworn oral comment may then present such comment to the City Council.
(14) Closing statements, if any, by participants, including the applicant and city, who presented evidence or testimony at or questioned witnesses during the public hearing.
(15) Rebuttal statement, if any, by the applicant, subject to limitations as imposed by the hearing officer.
(16) Hearing closed.
(G) All witnesses who testify under oath, shall be subject to reasonable questioning as follows: direct, cross-examination, redirect, re-cross, etc.
(H) At any time during the public hearings, any City Council member, the hearing officer may question participants or cross-examine witnesses.
(I) Should any issues, facts, data or other evidence arise during the course of the public hearing, which were not apparent or reasonably foreseeable by a party from the petition as filed with the City Clerk, such situation may constitute grounds for a recess in the public hearing for a period not to exceed 5 working days. Any decision in this regard shall be made by the hearing officer.
(Ord. 042604D, passed 4-26-2004)